Reform of FOIA: Good policy over politics

We are about to celebrate the official beginning of visitor season with the opening ceremonies of the RBC Heritage, Presented by Boeing. This storied event brings an amazing degree of international coverage to our beautiful part of the South Carolina Lowcountry, not to mention tens of millions of dollars of direct economic benefit to local businesses. The indirect benefits, as well, probably multiply the direct inflows by a factor of four or five.

Needless to say, it’s a big deal. It is not without a modest downside, however. Lines for restaurants will be a little longer. There will be some traffic confusion and delay. Parking, even in Bluffton, will be more of a challenge as we host tournament visitors, in addition to the many visitors already here for our incredible springtime.

Friends, please be patient, please be kind. We need to all brush off our best southern hospitality and welcome the world for a week or so. The good folks who come to be with us, particularly at Heritage time, support the local economy and the stunning variety of amenity that we sometimes seem to take for granted. Visitors are a large part of our economic life force. Welcome them as the valued guests they are.

Unfortunately, the General Assembly will be in session during Heritage week, so I will miss a bit of the fun. That small disappointment is more than amply compensated for by the fact that I will have my daughter Reedy as my job shadow for the week in Columbia. All fatherly pride aside, Reedy is a very impressive middle-schooler, a good student and responsible far beyond her years. She is bright, unfailingly pleasant and preternaturally poised. Her legislative interests are currently slanted toward the environmental side, with a particular interest in water quality, since we live close to the May River. I’m hoping to help broaden her interests to include my work on the Freedom of Information Act (FOIA).

Chances are good that your representative will learn more this week than his protégé/intern.

As many of you know, the major project of my brief legislative tenure is the reform of FOIA. We need to make access to the workings of government much easier for all citizens. It should not be costly or be subject to the whims of those keeping the public records. Also, lawmakers should not be exempt from the scrutiny afforded by FOIA. In fact, the removal of the legislative exemption has become something of popular issue at the statehouse, even among those who might simply finesse the reforms, even as they laud them. Fortunately, there are many, including this representative, who understand that real transparency has serious and far-reaching benefits in defeating the cynicism and mistrust that limits the effectiveness of government at all levels.

Before the furlough, the Judiciary Committee debated the legislative exemption and was ready to take the matter up as presented until I withdrew my amendment removing the exemption, so as to introduce a stand-alone bill to allow a public hearing and coordination and alignment with existing law, and avoid potentially unintended consequences. What followed was a flurry of additions and deletions to and from the original bill. At this writing, the bill has returned to committee for refinement, which, in my view, is a small victory for good policy over politics.

If the process can work efficiently, and a clean, rational bill can be passed by the May 1 crossover date, we may be able to achieve this important reform this session. After May 1, it takes a supermajority vote to even take up measures from the other chamber.

So here we are, poised for progress, awaiting action. If we fall short, there is next year. More lawmakers see the benefit of reform, but also see that the law must be congruent with itself, without self-contradiction. Good law is worth the wait.

Weston Newton represents District 120 in the South Carolina House of Representatives. His column will run monthly in Bluffton Today. He can be reached at westonnewton@hargray.com.